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Mandatory Appeal Process ~ Are there Any Rules?
- NatalieW
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9 years 1 month ago - 9 years 1 month ago #131535 by NatalieW
Mandatory Appeal Process ~ Are there Any Rules? was created by NatalieW
On February 16th I contacted the DWP by phone and informed them that I would be sending in a written appeal following my original work capability assessment on 10th December 2014 and follow up letter informing that I would no longer entitled to ESA on 23rd January 2015. I sent the mandatory appeal letter by registered post, on February 16th, the same day that I phoned the DWP to inform them I would be submitting a written appeal. My letter clearly stated I would be following up my mandatory appeal with supporting evidence from my heart consultant, my oncologist, my GP and my physiotherapist as soon as I received it.
On 25th February I received a reconsideration notice, dated 23rd February, stating that following my appeal notification on February 16th that the DWP having taken into account all of the available information and evidence (i.e. a phone call) my appeal was turned down. It is clear that a) they never even read my letter and b) even if they had they clearly did not take into account that I would be forwarding the supporting evidence as described above.
I intend to go to judicial appeal but surely the DWP should have waited for my letter and supporting evidence before making a decision?
Regards Natalie
On 25th February I received a reconsideration notice, dated 23rd February, stating that following my appeal notification on February 16th that the DWP having taken into account all of the available information and evidence (i.e. a phone call) my appeal was turned down. It is clear that a) they never even read my letter and b) even if they had they clearly did not take into account that I would be forwarding the supporting evidence as described above.
I intend to go to judicial appeal but surely the DWP should have waited for my letter and supporting evidence before making a decision?
Regards Natalie
Last edit: 9 years 1 month ago by .
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- Gordon
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9 years 1 month ago #131550 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory Appeal Process ~ Are there Any Rules?
NW
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
Whilst the requirement for a Mandatory Reconsideration is defined in law, the process of an MR is not.
You can make a formal complaint to the DWP, but you need to weigh up the pros and cons of doing so. A new MR could overturn the current Decision however, there is also the chance that it will not and you will have added many weeks to the time before you can make an appeal to the Tribunal Service.
I am not aware of any current statistics for MRs that indicates the likelihood of a Decision being revised. It certainly happens, but not very often, if I had to make a guess at a figure I would put it at 10-15%. Our impression is that unless your evidence highlights fundamental issues with the assessors report you are unlikely to have the Decision revised.
If you want to make a complain have a look at the following
Complaining to the DWP
Whatever you do I would have a look at our ESA guides, there is one for appeals and two for claims. See
www.benefitsandwork.co.uk/help-for-claimants/esa1
If you have further questions then please reply to this post and we will do our best to help.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
Whilst the requirement for a Mandatory Reconsideration is defined in law, the process of an MR is not.
You can make a formal complaint to the DWP, but you need to weigh up the pros and cons of doing so. A new MR could overturn the current Decision however, there is also the chance that it will not and you will have added many weeks to the time before you can make an appeal to the Tribunal Service.
I am not aware of any current statistics for MRs that indicates the likelihood of a Decision being revised. It certainly happens, but not very often, if I had to make a guess at a figure I would put it at 10-15%. Our impression is that unless your evidence highlights fundamental issues with the assessors report you are unlikely to have the Decision revised.
If you want to make a complain have a look at the following
Complaining to the DWP
Whatever you do I would have a look at our ESA guides, there is one for appeals and two for claims. See
www.benefitsandwork.co.uk/help-for-claimants/esa1
If you have further questions then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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